CONSTITUTIONAL COURT. To avoid vulnerability to the right of free transit.
Calls actions less burdensome issue, but equally satisfactory
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| Impairment departure is not the most appropriate measure, says TC |
The ban from leaving the country is not the most appropriate measure to ensure the payment of alimony, established the Constitutional Court (TC), after declaring founded claim for habeas corpus made by a father who came to fulfill this obligation, but that in civil proceedings other guarantees required of it in an objective without specifying what those, which was proven infringement of the right to freedom of transit.
The Collegiate, thus, considered to have violated the constitutional right to free passage of the applicant because it was for the judge to assess the food processing, a Once issued the sentence, measures less burdensome but equally satisfactory and then consider a measure of impediment to leave a duly reasoned decision, referred the sentence handed down in the 00213-2010-PHC/TC No. Exp.
However, in the case under review, continued the prohibition to leave the country against the plaintiff, enacted to ensure compliance with the payment of advance allocation of food, even when there was already strong judgment by ordering the appellant paid the equivalent of 40% of all income, even more so when their workplace meeting came to court as the discount was credited on the record, in addition to having been arrested 50% of CTS.
This decision confirms an earlier approach advanced by the court, through the sentence passed in Exp No. 04679-2009-PHC/TC, which stated that "(...) the courts should exercise appropriate mechanisms to ensure compliance with the payment of alimony, may, if appropriate, issue even to the impediment of departure. However, this measure can not be maintained indefinitely, which would mean an undue restriction on the right of freedom of transit (...)".
is so, then, that the prohibition to leave the country, as an interim measure that restricts the right to free movement of the person established by judicial decision motivated to ensure payment of the anticipated allocation of food (a temporary measure on the merits ), is extinguished when issued final decision, so it can not pass protect full payment of alimony upon issuance of the sentence, at least to issue a new resolution giving reasons.
reelected Carlos Mesia
The full Constitutional Court, with the concurrence of all judges, elected yesterday to the doctor Carlos Mesia Ramirez as president of this important constitutional body. While he was appointed as Vice President Dr. Ernesto Alvarez Miranda and director of the Center for Constitutional Studies (CEC) Judge Eto Gerardo Cruz. In the coming days, will announce the date for the swearing-in style.
In this regard, Judge RamÃrez Mesia said their main challenge will be to achieve the "zero case load." "The zero load would be an important milestone in the justice system in Peru, because no institution has reached, remember that the judiciary has a load of 2 million records, and the Public Ministry a similar figure, "he said.
Another priority will also be the construction of new premises of the institution to continue the development of technological processes, so that in the near future the college can issue notifications by e-mail and even cell phone. In addition, he reiterated, would be important to establish the virtual file, among others.
The election was held in closed session at the corporate headquarters and the announcement was made by the secretary general, Francisco Morales, on behalf of the full judges.
The dossier said
TC nullify the ruling by the Second Family Court for upholding the decision issued by the Third Court of Peace Counsel Surco and San Borja.
also decided that the Third Court of Peace Counsel Surco and San Borja resolve the legal status of the defendant at the end concerning the prohibition to leave the country in accordance with the sentence passed in Exp No. 00213-2010-PHC / TC.
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